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2025 DAILYLAW 5448 (ORI)

BIMAL KUMAR KHATUA @ BIMAL KU. KHATUA v. STATE OF ODISHA

ABLAPL/3974/2025 · 2026-03-05

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3974 of 2025 Bimal Kumar Khatua @ Bimal Ku. Khatua …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.03.2026 02. 1. Heard learned counsels for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Kodala P.S. Case No.133 of 2025 corresponding to G.R. Case No.497 of 2025 pending in the file of learned J.M.F.C., Khallikote on the grounds stated therein. 3. From the F.I.R. as at Annexure-1, the Court finds that the parties are involved in a civil dispute and hence, cases have been filed against each other. The case diary is produced along with the statements of the witnesses including informant recorded under Section 180 BNSS. The assault from the side of the petitioner is said to have been by means of iron rod and Thenga causing injuries to the victim, namely, Padmanabha Behera. The copy of the medical examination report of the p. 2 above named injured is also produced and it reveals that he received multiple lacerations on the head, however, all are stated to be simple in nature. The petitioner admittedly is having antecedents for the cases registered against him at the behest of the informant. Considering the above facts and the injuries being simple in nature and the alleged incident is an outcome of civil dispute between the parties, recording the submissions of learned counsels appearing for both the sides, this Court is inclined to direct the petitioner to surrender before the learned court below for being released instead of considering his plea of pre-arrest bail. 4. Accordingly, it is ordered. 5. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C., Khallikote within a fortnight from today, the petitioner shall be released on bail in connection with Kodala P.S. Case No.133 of 2025 corresponding to G.R. Case No.497 of 2025 subject to him furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not pick up any fight or quarrel with the informant and with his family members in any manner whatsoever, while p. 3 on bail and to attend the P.S. once in a fortnight and to report the I.O. for the purpose of investigation, till the same is over. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra